N.Y. Comp. Codes R. & Regs. tit. 9, § 448.1
(h) Bathing beach area shall mean the water area used in connection with a bathing beach at a pond, lake, stream or other navigable water of the State which is used for bathing or swimming with the express or implied permission or consent of the owner or lessee of the premises and which is operated for a fee or any other consideration or openly advertised to the public as a place for bathing or swimming. It includes but is not limited to the water area adjacent to a bathing beach that is owned or operated by a:
(4) State or local government entity.
It does not include the water area adjacent to a bathing beach that is owned or maintained by an individual for the use of family or friends.